Environmental Protection Agency (Licensing) Regulations, 1994

• Jurisdiction: Ireland
• Citation: IR SI 85/1994

S.I. No. 85 of 1994.
ENVIRONMENTAL PROTECTION AGENCY (LICENSING) REGULATIONS, 1994.
INDEX
PART I
PRELIMINARY AND GENERAL
1. Citation.
2. Commencement.
3. Interpretation.
4. Commencement of licensing of activities.
PART II
APPLICATIONS AND ENVIRONMENTAL IMPACT STATEMENTS
5. Notice of intention to apply for a licence or the transfer of an application for or the review of a licence or permit to the Agency.
6. Notices in newspapers.
7. Site notices.
8. Further notice.
9. Notice to the planning authority.
10. Contents of an application for a licence.
11. Procedure on receipt of an application for a licence.
12. Certain applications to be accompanied by environmental impact statement or to comply with other requirements where exemption has been granted.
13. Procedure where licence application not accompanied by environmental impact statement or where exemption is granted.
14. Content of environmental impact statement.
PART III
REVIEW OF LICENCES
15. Application for a review of a licence or revised licence.
16. Form of notice of intention to review a licence or revised licence.
PART IV
CONSIDERATION OF APPLICATIONS OR REVIEWS
17. Further information.
18. Extension of time for proposed determinations.
19. Notice to Minister of certain applications for licences.
20. Notice to certain bodies.
21. List of applications received or notices of review given by the Agency.
22. Agency investigations.
23. Inspection and availability of documents including environmental impact statements.
24. Withdrawal or abandonment of application for a licence.
25. List of proposed determinations by the Agency.
26. Additional notice in certain cases.
27. Notification of proposed determination of application for a licence or review of a licence or revised licence.
28. Reasons for proposed determinations or decisions.
PART V
OBJECTIONS
29. Form and content of objection.
30. Circulation of objections.
31. Power of the Agency to request submissions by objectors.
32. Power of the Agency to request submission of documents, particulars or information by an objector.
33. Withdrawal of applications or objections in certain cases.
34. Notification of oral hearings.
35. Procedure at oral hearings.
36. Power to require attendance at oral hearings.
37. Adjournment or reopening of an oral hearing.
38. Replacement of person appointed to conduct an oral hearing.
39. Other matters may be taken into account by the Agency.
40. Period for consideration of objection.
41. Notification and publication of decisions.
PART VI
REGISTER
42. Form of register.
PART VII
TRANSITIONAL ARRANGEMENTS
43. Provisions of other enactments exercisable by the Agency.
S.I. No. 85 of 1994.
ENVIRONMENTAL PROTECTION AGENCY (LICENSING) REGULATIONS, 1994.
In exercise of the powers conferred on the Minister for the Environment by sections 6 , 82 , 85 , 86 , 89 and 99 of the Environmental Protection Agency Act, 1992 (No. 7 of 1992), and by sections 3, 83 and 87 of that Act as amended by the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1994, which said powers are delegated to me by the Environment (Delegation of Ministerial Functions) Order, 1993 ( S.I. No. 127 of 1993 ), I, JOHN BROWNE, Minister of State at the Department of the Environment, hereby make the following Regulations:
PART I PRELIMINARY AND GENERAL
	1 Citation.	1. These Regulations may be cited as the Environmental Protection Agency (Licensing) Regulations, 1994.
	2 Commencement.	2. (a) These Regulations, other than article 43, shall come into operation on the 16th day of May, 1994.
(b) Article 43 shall come into operation on the 1st day of September, 1994.
	3 Interpretation.	3. (1) In these Regulations, any reference to a Schedule, Part or article which is not otherwise identified is a reference to a Schedule, Part or article of these Regulations.
(2) In these Regulations, any reference to a sub-article or paragraph which is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs.
(3) In these Regulations—
"the Act" means the Environmental Protection Agency Act, 1992 ;
"the Agency" means the Environmental Protection Agency established under section 19 of the Act;
"applicant" means an applicant for a licence;
"application for a licence" means an application for a licence under section 83 of the Act;
"the Environmental Impact Assessment Regulations" means the European Communities (Environmental Impact Assessment) Regulations, 1989 and 1994;
"licence" means a licence under section 83 of the Act;
"objection" means an objection under section 85 of the Act;
"objector" means the person who makes an objection;
"offices of the Agency" means the headquarters and the regional environmental units of the Agency;
"oral hearing" means an oral hearing under section 85 (6) of the Act;
"party to an objection" means—
(i) an objector, or
(ii) the applicant for a licence or the licensee in the case of a review, in relation to which an objection is made by another person (other than a person acting on behalf of the applicant or licensee)
and "party" shall be construed accordingly;
"planning permission" means a permission granted under Part IV of the Act of 1963;
"review" means a review of a licence or revised licence under section 88 of the Act;
"revised licence" means a revised licence under section 88 of the Act.
(4) Where a requirement of or under the Act or these Regulations requires submissions or observations to be made, or documents, particulars or other information to be submitted, to the Agency within a specified period and the last day of that period is a Saturday, a Sunday, a public holiday (within the meaning of the Holidays (Employees) Act, 1973 ) or any other day on which the offices of the Agency are closed, the submissions or observations, or documents, particulars or other information, as the case may be, shall be regarded as having been received before the expiration of that period if received by the Agency on the next following day on which the offices of the Agency are open.
	4 Commencement of licensing of activities.	4. (1) The 16th day of May, 1994 shall be the prescribed day for the purposes of section 82 (1) of the Act in respect of the classes of activity specified in paragraphs 1, 2, 4, 5, 7, 8, 10 and 11 of the First Schedule to the Act.
(2) The 16th day of May, 1994 shall be "the relevant day" for the purposes of the definition of "established activity" in section 3 of the Act in respect of the classes of activity specified in paragraphs 1, 2, 4, 5, 7, 8, 10 and 11 of the First Schedule to the Act.
PART II APPLICATIONS AND ENVIRONMENTAL IMPACT STATEMENTS
	5 Notice of intention to apply for a licence or the transfer of an application for or the review of a licence or permit to the Agency.	5. (1) An applicant shall—
(a) within the period of two weeks before the making of an application for a licence, publish notice of the intention to make the application in a newspaper circulating in the district in which the activity is or will be situate, in accordance with article 6, and
(b) not later than the making of the application for the licence, give notice of the application by the erection or by the fixing of a site notice on the land or structure concerned, in accordance with article 7.
(2) Where a licence is required in respect of an activity to which section 99 (4) of the Act relates, as soon as may be after the prescribed day in accordance with article 4(1), the local authority, sanitary authority or the Minister for the Marine, as appropriate, shall give notice in writing to the applicant for a licence or permit or licensee or permit holder, as appropriate, that the application for the licence or permit or the review of the licence or permit to which section 99(1) of the Act relates will be dealt with and decided by the Agency under Part IV of the Act.
(3) The Agency shall notify the applicant, the licensee or the permit holder, as the case may be, of the date deemed under section 99 (5) of the Act to be the date of an application for a licence under Part IV of the Act.
(4) As soon as may be after receipt of a notice under subarticle (3), the applicant for a licence or permit or the licensee or holder of a permit to which section 99 (1) of the Act relates, as appropriate, shall give notice—
(a) in a newspaper circulating in the district in which the act ivity is or will be situate, in accordance with article 6, and
(b) by the erection or by the fixing of a site notice on the land or structure concerned, in accordance with article 7,
that the application for a licence or permit or the review of a licence or permit will be dealt with and decided by the Agency under Part IV of the Act.
	6 Notices in newspapers.	6. (1) A notice published in a newspaper pursuant to article 5 (1) shall contain as a heading the words "APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR A LICENCE" and shall—
(a) give the name and address of the applicant,
(b) state the location or postal address (including, where appropriate, the name of the townland or townlands) and the National Grid reference of the premises to which the application relates,
(c) specify the class or classes and nature of the act ivity in accordance with the First Schedule of the Act,
(d) where the application is required to be accompanied by an environmental impact statement in accordance with this Part—
(i) state that such a statement will be submitted to the Agency with the application,
(ii) state that the environmental impact statement, and any further information relating to the effects on the environment of the emissions from the act ivity which may be furnished to the Agency in the course...